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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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i am going to take a leave from work to take care for my old

Resolved Question:

i am going to take a leave from work to take care for my old , sick father. I was told that the company is going to merge with the other and i would not have my job back. Can i still get the unemployment ?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your father.

To be clear, do you plan to leave your job to tend to your father before the companies merge and you are let go? If you weren't being let go, would this simply be a leave of absence, or would you be quitting? Finally, how many employees does your company have?
Customer: replied 5 years ago.
i am planning to take a leave before the merge but i was told about it . i did not apply yet. i would not quit. there is 100 empl.
Customer: replied 5 years ago.
can company not permit me a leave to care?
Expert:  Patrick, Esq. replied 5 years ago.
Thank you for your reply.

Since you work for a company with more than 50 employees, an individual in your circumstance would likely be entitled to FMLA protected leave.

The Family Medical Leave Act is a federal act that guarantees eligible employees up to twelve weeks of unpaid leave on account of, among other things, a parent, spouse or child’s serious health condition where the employee is needed to care for that family member.

In order to be “eligible” the employee must have worked for the employer for at least one year, and worked roughly 30 hours per week (on average) during that year. Also, only employers with at least 50 employees within 75 miles of the employee’s worksite are required to provide FMLA protections.

Where an eligible employee takes FMLA leave, he can take up to 12 weeks of leave and his employer cannot retaliate against or terminate him for exercising his FMLA rights.

Of course, an employer still retains the right to lay off an employee on FMLA protected leave for economic/financial reasons. That unfortunately appears to be the case in your instance.

In general, an individual will be eligible to receive benefits provided that they have received enough wages during the base period to establish a claim (either $1300 in one quarter of their "base period," or at least $900 in their highest quarter and total base period earnings of 1.25 times their high quarter earnings), they are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of their own.

Since you are taking "leave" and not quitting, you would be unemployed "through no fault of your own" if your employer decided to lay you off while you were on FMLA leave.

Thus, an individual in your circumstance would likely be able to take protected leave and would likely be eligible to collect unemployment benefits, assuming he or she was laid off while on such leave.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
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